Preserve CommonsCOMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
EN~INEERIN~ REVIEW SECTION
MEMORANDUM
TO:
Sue Filson, Administrative Assistant
FROM: ~Tohn R. Houldsworth, Sen/or Engineer
RECEIVED
DATE:
RE:
April 7, 2000
Preliminary Work Authorization
8oard of Count,y Commfssioners
Attached please find a Preliminary Work Authorization for
Preserve Commons. This document has been reviewed by
Engineering Review and the County A ttorney's Office. Collier
Count~,R~sol.tion No,~9~j147.provides for the administrative
Chairman sign the document and forward to the Clerk's office.
5hould you have any questions, please advise.
jrh
CC:
Project File
Reading File
PRESERVE COMMONS
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this ~_ day of~~, 2000, by and between the
Board of County Commissioners of Collier County, Florida bereinaRer referred to as "County" and Olde
Cypress Development Ltd., a Florida limited partnership, Olde Cypress Development Inc., General Partner,
hercina~cr rcfcrrcd to as the "Owner",
RECITALS:
WHEREAS, the County has adopted Collier County Ordinance No. 99-27 known as Oldo Cypress
Planned Development Ordinance hereina~cr referred to as Olde Cypress; and
WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in
Preserve Commons, said legal description attached hereto as Exhibit "A" and incorporated herein by
reference; and
WHEREAS, the South Florida Water Management District has issued a permit for a surface water
management construction for Olde Cypress, SFWMD Permit No. 11-01639-P; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because they want
to have infrastructure constructed in time for upcoming seasonal sales; and
WHEREAS, Owner represents and warrants that no construction shall occur in environmentally
sensitive areas unless the necessary permits and approvals for the construction have been obtained by the
Owner; and
WHEREAS, Owner acknowledges that all requirements of Collier County's Growth Management
Plan and Adequate Public Facilities Ordinance, No. 93-82, will be met prior to approval of a final
subdivisions plat, or final site development plan or building permit, as appropriate; and
WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism, for
processing and issuing a Preliminary Work Authorization.
NOW THEREFORE, in consideration of the premised, the mutual undertakings of the parties, and
other good and valuable consideration, it is agreed by the parties hereto as follows-
SECTION I - ACKNOWLEDGMENT
The foregoing recitals are true and correct and are incorporated herein by reference. Further, it is jointly
acknowledged that the execution of this Agreement does not constitute a Development Order or any other
final approval by Collier County.
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities subject to
the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows=.
Grading, Utilities and Drainage for the Development.
The preliminary work detailed in this Section shall be in accordance with plans entitled Preserve
Commons consisting of nine (9) sheets, prepared by Cynthia G. Yanosik, P.E., Community
Engineering Services, Inc. dated February 2, 2000, hereinaRer referred to as the "The Preliminary
Work". The legal description of the boundaries of the Preliminary Work is shown on the
preliminary plat for Preserve Commons consisting of two (2) sheets prepared by Roger H. Harrah
- LS#5294, Community Engineering Services, Inc.
B. Prior to any work being undertaken, owner shall submit to the County complete permit
packages and applicable review and inspection fees for the necessary permits for the Preliminary
Work (the "Preliminary Work Permits"). These applications are as follows:
Final Plat
Subdivision
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Permits are complete and
satisfactory and are ready for scheduling to the Board of County Commissioners for final plat
approval.
b. Owner submitting to the County a copy of the actual permit from the South Florida Water
Management District for all matter included in the jurisdiction of the South Florida Water
Management District, which conforms with the Preliminary Work Release plans submitted to the
County.
DEP Permit and plans for sanitary construction are currently under County review.
DEP Permit and plans for water service construction are currently under County review.
SECTION 4- APPROVALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat
approval once conditions a and b in Section 3 above have been satisfied.
SECTION 5- INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage, or
expense from claims or causes of action including attorneys fees and court costs, resulting from,
arising out of, and in connection with Owner's negligence and/or willful misconduct in the
construction of the Preliminary Work under the Preliminary Work Permits or any challenge by any
person or party objecting to the legality or validity of this agreement.
SECTION 6- RESTRICTIONS
The Agreement shall be binding upon the parties and is not transferable.
SECTION 7- LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the Preliminary
Work Permits if the project's final plat is not submitted to the Board of County Commissioners for
approval pursuant to Division 3.2. of the Land Development Code, unless the Owner is delayed in
having his final plat reviewed by the Board due to the fault of the County. All work approved by
this Agreement must cease and not restart if the final plat is not submitted and approved by the
Board of County Commissioners within this authorization period. No work is authorized under
this Agreement prior to satisfying the conditions a and b in Section 3 of this Agreement. Any
attempt to commence work prior to issuance of requisite permits shall render all provisions of this
Agreement null and void.
By entering into this Agreement the County does not guarantee and the Owner can not rely upon
the fact that the project's final plat will be approved upon submission to the Board of County
Commissioners. The Owner is required to comply with all of the provisions and procedures of the
Land Development Code before the final plat can be submitted to the Board for consideration.
IN WITNESS WHEREOF, the parties have executed this agreement the day first above written.
STATE OF FLORIDA
COUNTY OF
O!de Cypress Development Ltd., A Florida Limited
Partnership, Olde ess D pment Inc., as
General Partn
Rob
Pre
On this o~t'~ day of Vcbn,~ , 2000 before me, personally appeared Robert Paul
Hardy, President of Olde Cypres%evelopment, Inc., a General Partner of Olde Cypress Ltd.,
personally known to me to be the person who subscribed to the foregoing instrument.
~_.,~~C STATE OF FLORIDA
';
ATTESTi.:~:
CLERK'S NAME, CLERK
.. as to Chairman's
"siVatufa onlT.
Approved as to form and legal sufficiency:
ssistant County Attorney
BOARD 'OUNTY ~OMMISSIONERS
EXHIBIT A
LEGAL DESCRIPTION
(PREPARED BY SURVEYOR)
A TRACT OF LAND DESIGNATED AS OLDE CYPRESS COMMERCIAL TRACT BEING A PORTION OF THE WEST 1/2
OF THE SOUTHEAST 1/4 OF SECTION 21, TWP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 12, THENCE;
ALONG THE SOUTH LINE OF SECTION 12, SAID UNE ALSO BFING THE NORTH UNE OF IMMOKALEE
ROAD R.O.W.(IO0'), NORTH 89d09'52" EAST A DISTANCE OF 330.21 FEET TO A POINT, THENCE;
NORTH 00d57'12' WEST, A DISTANCE OF 100.00 FEET TO A POINT LYING ON THE NORTH UNE OF THE
IMMOKALEE ROAD CANAL R.O.W.(IO0') SAID POINT BEING THE TRUE POINT OF BEGINNING(P.O.B.), THENCE;
NORTH 00d57'12"
NORTH 84d38'31"
NORTH 35d53'30'
NORTH 19d04'37"
AROUND A CURVE
HAVING A RADIUS
NORTH 44d56'56' EAST,
NORTH 70d49'15" EAST,
NORTH 75d07'37" EAST,
NORTH 75d57'00" EAST,
NORTH 86d14'00' EAST,
NORTH 89d27'18" EAST,
NORTH 89d03'29" EAST,
V~[ST, A DISTANCE OF 217.65 FEET TO A POINT, THENCE;
EAST, A DISTANCE OF 128.23 FEET TO A POINT, THENCE;
EAST, A DISTANCE OF 71.61 FEET TO A POINT, THENCE;
EAST, A DISTANCE OF 302.88 FEET TO A POINT, THENCE;
TO THE RIGHT THROUGH A CENTRAL ANGLE OF 51d44'q-O",
OF 150.00 FEET, WITH A CHORD BEARING AND DISTANCE OF
A DISTANCE
A DISTANCE
A DISTANCE
A DISTANCE
A DISTANCE
A DISTANCE
A DISTANCE
OF 130.91 FEET TO A POINT, THENCE;
OF 52.30 FEET TO A POINT, THENCE;
OF 144.77 FEET TO A POINT, THENCE;
OF 102.B5 FEET TO A POINT, THENCE;
OF 127.07 FEET TO A POINT, THENCE;
OF 119.66 FEET TO A POINT, THENCE;
OF 85,11 FEET TO A POINT, THENCE;
SOUTH 00d56'31" EAST, A DISTANCE OF 742.35 FEET TO A POINT, LYING ON
THE NORTH LINE OF THE IMMOKALEE ROAD CANAL R.O.W.(IO0'), THENCE;
ALONG SAID CANAL LINE SOUTH 89d09'52" WEST A DISTANCE OF 990.46 FEET
TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 13.600 ACRES OF LAND MORE OR LESS.